[1978] VR 519
JAMES v SWAN HILL SEWERAGE AUTHORITY
SUPREME COURT OF VICTORIA
HARRIS, J
1-3, 6-8 February, 04 April 1978
[1978] VR 519
Acquisition of land — Compensation — Principles applicable in assessing
compensation — "Market value", solatium", "direct pecuniary loss" — Lands
Compensation Act 1958 (No. 6286), s11B.
.
S11B of the Lands Compensation Act 1958 provides, as far as material, that:
"(1) In determining whether any and what sum is to be paid by way of
compensation in respect of any land ... the following principles shall be
applied:--
(a) The compensation shall be based upon the market value of the lands at the
time that the notice to treat was given together with such additional amount
not exceeding ten per cent of the market value of the lands required by the
(authority) as the (authority) thinks just to offer by way of solatium because
of the compulsory nature of the acquisition of the lands;
(b)...;
(c) The compensation in addition shall include an amount equal to the legal
and other costs that will necessarily be incurred by the owner of the land by
reason of the acquisition of the land and an amount equal to any direct
pecuniary loss caused by the acquisition of the land in respect of which
compensation is not otherwise payable under this section;
(d) ...;
(e) Any remote, indirect or speculative damage that may be suffered by the
owner by reason of the land being required shall be disregarded."
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[1978] VR 519
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